| Abstract [eng] |
The topic - assessment of the evidence the court the sentence. Assessment of the evidence - proof process. The correct evaluation of the evidence has a direct impact on the court in a criminal case, the determination of objective truth and making the right decision on guilt, and always has been and remains one of the main objects of scientific discussion of criminal procedure law. Due to the new CCP assessment of the evidence has become the exclusive prerogative of the court, and tried to figure out and analyze relevant trying to figure out and analyze current problems of assessment of the evidence. To this end, an empirical study, which was examined 80 cases where the Court of Cassation Instance earlier conviction was revoked. Current evidence of the assessment examines the concept reveal at the existing provisions of the CCP and the case law and concluded that the process of transition from old to new, modern process is not smooth. Sometimes mistakes are repeated, which are mentioned in the work. Data recognition evidence - a result which is obtained by linking the assessment, the admissibility and reliability of data and evidence recognition, evidence of the adequacy of the assessment is carried out. The paper dealt with the theoretical aspect of the main elements of the evaluation of evidence and their relationship. It reveals the most commonly used types of evidence assessment of the individual features of specific problems and practical point of view..It also examines the inner conviction as the primary criterion for assessing the evidence, the emergence of problematic aspects to the free and fair assessment of the evidence. The paper highlights the professional consciousness of the judge, as the guarantor of judicial independence, and same case in terms of reducing the number of judicial errors, and thus increasing public confidence in the courts. . The end of the conclusions and suggestions for solving problems of evaluation of evidence and criminal procedure rules to improve. |
